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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />Gibbon Brench
<br />14 LaBarre Street � JQ ��
<br />PO Box 760 ��� °
<br />Gibbon. NE 68840 FOR RECORDER'S USE ONLY
<br />DEED.OF TRUST
<br />THIS DEED OF TRUST is dated March 3, 2011, among BREWCREW PROPERTIES L.L.C., A
<br />Nebraska Limited Liability Company, whose address is 2720 O FLANNAGAN ST, GRAND
<br />ISLAND, NE 68803 ("Trustor"); Exchange Bank, whose address is Gibbon Branch, 14 LaBarre
<br />Street, PO Box 760, Gibbon, NE 68840 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"1; and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE
<br />68840 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable constderatlon, Trustor conveys to Trustee tn trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PtOpe►'ty" located 1'll HALL
<br />County, State of Nebraska:
<br />LOT SFVEN (7), IIV BLOCK TEIU (10), IN JOEHNCK'S ADDITION TO THE CITY OF GRAND
<br />I�LAIIIU, �-iALL Cd)UN I 'f', IVEBRA�KA
<br />The Real Property or its address is commonly known as 664 EAST BISCHELD, GRAND
<br />ISLAND, NE 68801. The Real Property tax identification number is 400050129.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of
<br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined,
<br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others,
<br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts
<br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts
<br />may be or hereafter may become otherwise unenforceable.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possesslon and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />conirol of the Property; (2) use, operate or manage the Propert•,�; and (3i collect the tien�cs from the Property.
<br />Duty to Malntain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compllance VY'ith Environmental Laws. l'rustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
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